(1) Citizens may file a petition to create a new school district in accordance with this section and Section 53G-3-301.
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Terms Used In Utah Code 53G-3-301.1

  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Feasibility study: means a study:
              (4)(a)(i) conducted by:
                   (4)(a)(i)(A) a school district, municipal legislative body, or interlocal agreement participants before July 1, 2024; or
                   (4)(a)(i)(B) the Office of the Legislative Auditor General, subject to prioritization by the Legislative Audit Subcommittee; and
              (4)(a)(ii) to determine:
                   (4)(a)(ii)(A) the financial viability for a new school district and reorganized new school district that is contained within the boundaries of a divided school district;
                   (4)(a)(ii)(B) the financial impact on a new school district and reorganized new school district that is contained within the boundaries of a divided school district; and
                   (4)(a)(ii)(C) the impact of the tax burden on taxpayers within the boundaries of the proposed new school district. See Utah Code 53G-3-102
  • New school district: means a school district created under Section Utah Code 53G-3-102
  • Reorganized new school district: means the remaining portion of the divided school district after the creation of a new school district under Subsection Utah Code 53G-3-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2)

     (2)(a) The county clerk shall ensure that a petition described in Subsection (1) is signed by registered voters residing within the geographical boundaries of the proposed new school district in an amount equal to at least 10% of all votes cast within the geographic boundaries of the proposed new school district for all candidates for president of the United States at the last regular general election at which a president of the United States was elected.
     (2)(b) The sponsors of a petition described in Subsection (1) shall file the petition with the clerk of each county in which any part of the proposed new school district is located.
     (2)(c) The petition sponsors shall ensure that the petition described in Subsection (1):

          (2)(c)(i) indicates the typed or printed name and current residence address of each voter who signs the petition;
          (2)(c)(ii) describes the proposed new school district boundaries; and
          (2)(c)(iii) designates up to five signers of the petition as sponsors, designating one as the contact sponsor, with the mailing address and telephone number of each.
(3)

     (3)(a)

          (3)(a)(i) A signer of a petition described in Subsection (1) may withdraw or, once withdrawn, reinstate the signer’s signature by filing a written statement requesting for withdrawal or reinstatement with the county clerk no later than three business days after the day on which the petition is filed with the county clerk.
          (3)(a)(ii) A statement described in Subsection (3)(a)(i) shall comply with the requirements described in Subsection 20A-1-1003(2).
          (3)(a)(iii) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove or reinstate an individual’s signature from a petition after receiving a timely, valid statement.
     (3)(b) The county clerk shall use the procedures described in Section 20A-1-1002 to determine whether the petition has been signed by the required number of registered voters residing within the geographical boundaries of the proposed new school district.
(4) Within 14 days after the day on which a petition described in Subsection (1) is filed, the clerk of each county with which the request or petition is filed shall:

     (4)(a) determine whether the petition complies with Subsections (2) and (3), as applicable, and Section 53G-3-301; and
     (4)(b)

          (4)(b)(i) if the county clerk determines that the request or petition complies with the applicable requirements:

               (4)(b)(i)(A) certify the petition and deliver the certified petition to the county legislative body; and
               (4)(b)(i)(B) mail or deliver written notification of the certification to the contact sponsor; or
          (4)(b)(ii) if the county clerk determines that the petition fails to comply with any of the applicable requirements, reject the petition and notify the contact sponsor in writing of the rejection and reasons for the rejection.
(5)

     (5)(a) If the county clerk fails to certify or reject a petition within the time specified in Subsection (4), the petition is considered to be certified.
     (5)(b) If the county clerk rejects a petition, the individual who submitted the petition may amend the petition to correct the deficiencies for which the county clerk rejected the petition and refile the petition.
(6) Within 10 days after the day on which a county legislative body receives a certified petition as described in Subsection (4) or (5), the county legislative body shall request that the Legislative Audit Subcommittee consider prioritizing a feasibility study, as that term is defined in Section 53G-3-102.
(7)

     (7)(a) The county legislative body shall:

          (7)(a)(i) provide for a 45-day public comment period to begin on the day the county legislative body receives the study under Subsection (6); and
          (7)(a)(ii) hold at least two public hearings, as defined in Section 10-9a-103, on the study and recommendations.
     (7)(b) Within five business days after the day on which the public comment period ends, the legislative body of each county with which a petition is filed shall vote on the creation of the proposed new school district.
     (7)(c) A county legislative body approves a petition proposing a new school district if a majority of the members of the legislative body vote in favor of the petition.
(8)

     (8)(a) Within five business days after the day on which a county legislative body approves a petition proposing a new school district under Subsection (7), the county legislative body shall provide notice of the approval and a copy of the petition to which the approval relates to the county clerk of each county described in Subsection (2)(b).
     (8)(b) If each county described in Subsection (2)(b) approves a petition proposing a new school district, the county clerks of the counties shall submit the proposal for the creation of a new school district to all legal voters in the existing school district for approval or rejection at the next regular general election that is at least 65 days after the day on which all of the counties described in Subsection (2)(b) have complied with Subsection (8)(a).
     (8)(c) The new school district proposed in the petition and the reorganized new school district are created if a majority of the voters in the existing school district vote in favor of creating the new school district.
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